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MILWAUKEE COUNTY v. HARTFORD CAS. CO.

No. 88-2185.

151 Wis.2d 463 (1989)

444 N.W.2d 455

MILWAUKEE COUNTY, A Municipal Corporation, as agent for the State of Wisconsin, Department of Health & Social Services, Plaintiff-Appellant, v. The HARTFORD CASUALTY COMPANY, a foreign insurance corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 21, 1989.

Attorney(s) appearing for the Case

For plaintiff-appellant the cause was submitted on the briefs of Milwaukee County Corporation Counsel, with John Jorgensen, principal assistant corporation counsel, and Robert G. Ott, acting corporation counsel, of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of deVries, Vlasak & Schallert, S.C., with Joel P. Borowiec of counsel, of Milwaukee.

Before Moser, P.J., Sullivan and Fine, JJ.

SULLIVAN, J.

Milwaukee County (County) appeals from an order dismissing its subrogation complaint against the Hartford Casualty Company (Hartford). The claim arose from medical assistance benefits received by James Szczesny under Title XIX.1

The facts are undisputed. Szczesny and his wife, Donna Szczesny, who were residents of Texas, filed a lawsuit against St. Mary's of the Plains Hospital (hospital), located in Lubbock, Texas...

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